Government officers cannot be summoned without following proper procedure as per the Supreme Court's SOPs and directives.

ORDER

% 15.03.2024 CM APPL. 16182/2024 (Exemption) Exemption allowed subject to just exceptions.

The application stands disposed of.

W.P.(C) 3917/2024 & CM APPL. 16181/2024 (Stay)

1. The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of petitioners seeking the following reliefs:

"a) Summon the record of LC No. no. 18/2023, titled Sh. SANDEEP Vs. MUNICIPAL CORPORATION OF DELHI & Anr. Pending before LD. LABOUR COURT, POLC – III, Rouse Avenue Courts, Delhi;

b) Quash the order dated 10/01/2024 and order dated 04.03.2024 passed by the LD. LABOUR COURT, POLC – III, Rouse Avenue Courts, Delhi in LC NO. 18/2023 imposing fine of Rs.500/- on Dy Commissioner and its recovery from his salary and also quash the order relating to imposing fine of Rs.500/- on the Dy Controller of accounts as well as warrants attachment against him i.e quash penal orders against the petitioners officers;

c) Close the labour court proceedings in wake of settlement between the respondent and the petitioner noted in order dated 4/3/2024 and further recorded in National Lok Adalat proceedings.

d) Directed the Ld. Labour Court to follow, enforce and abide by the SOP/directives issued in terms of order dated 03/01/2024 on summoning of officers of Govt officers issued by the Hon’ble Supreme Court in Civil Appeal No. 23-24/2024;

and e) To pass any other or further order/s, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case."

2. It is submitted that as per the impugned order act of learned Labour Court of summoning the senior officers of the MCD and not accepting the response from the level of executive engineer / assistant commissioner of the petitioner Corporation without having any jurisdiction is contrary to the law. Further, the learned Labour Court has failed to abide by the Standard of Procedures (“SoPs”) and directives issued by the Hon’ble Supreme Court, whereby, summoning of Government officers is against the law and the same has been settled by the Hon’ble Supreme Court in a catena of cases including The State of Uttar Pradesh & Ors. v. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors. C.A. Nos 23-24 of 2024, dated 3rd January,2024.

3. It is further submitted that the senior officers were summoned without taking into consideration the directions of the Hon’ble Supreme Court as well as the several orders of this Court rendering the same in contravention to the law, and it is therefore prayed that in view of the aforesaid submissions, the impugned order may be set aside.

4. Heard and perused the records.

5. Issue notice to the respondents through all permissible modes on filing PF within a week.

6. This Court has perused the orders referred to by the learned counsel appearing on behalf of the petitioner during the course of proceedings and other documents on record.

On a perusal of the record, it is apparent that vide order dated 10th

12. January 2024, the learned POLC-III, Rouse Avenue District Court, had summoned the senior officers and law officers contrary to the SoPs of the Hon’ble Supreme Court and several orders and directions passed by the High Courts.

13. In view of the foregoing discussions, this Court is of the view that the balance of convenience lies in favour of the petitioner and accordingly the operation of the impugned order shall be stayed till further orders.

List before the Registrar on 6th May, 2024.